they took it back to their base to study it and it exploded. >> brian: not u.s. marines. people are texting us. >> gretchen: have a great day. we'll see you back here tomorrow. bill: thank you guys. on a monday morning starting off with a fox news alert because there are new reports that the surviving boston bombing suspect is awake in the hospital and answering at least some questions. tsnaraev is providing questions in writing. that information is said to be substantial as we work through that. hope you had a good weekend albeit a short one. good to be back. martha: good to have you back. we have a lot to talk about this morning as this story gets bigger. good morning once again, i'm martha maccallum. the authorities were thinking they may not be able to question dzhokhar tsarnaev, suspect in case.

there is reports of throat wound, they thought might be self-inflicted after his brother was killed in a shoot without with police. bill: mike tobin leads our coverage back in boston. the latest on that we can report on the investigation is what, mike? good morning there? >> reporter: the latest we can report from this investigation what lead authorities to the brother. that appears to be mountains and mountains of security video. the justice department spoke with our producer mike levine, they looked at security video. this is video not yet been released. don't get confused by what you see on the screen. you see people react to the blast. most people turn in the direction of the blast. the tsnaraev brothers do not. that set up red flags. that got law enforcement zeroing on the two brothers. bill: mike, we're trying to piece this together as best we can but what can you tell us about the reports that the fbi is questioning him

today from his hospital bed? >> reporter: all of that goes back to a "usa today" report citing anonymous sources. the sourcing is not as tight as i would like but certainly a significant development. we know he has been sedated. he has a injury to his neck or jaw, a bullet wound to his neck or jaw that prevented him from communicating. 9 report says he was roused back to consciousness and providing things in writing and providing substantive answers to questions. we know from the information he is providing that indicates there is not a larger network and not a second wave of bombings to be feared, bill. bill: mike, thank you. we'll be back with you when there are more headlines from boston. mike leading our coverage there martha. martha: we are hearing the police chatter when police first spotted dzhokhar tsarnaev hiding in that covered boat. massachusetts state police released the stunning infrared images this video is just incredible.

this is part of the capture. we see the heat image. we see his body clearly under that tarp. look at the police scrapper. -- scrapper. >> getting a report from watertown. a boat tarp with blood on it and they believe some is in the boat. >> shots fired. shots fired. >> shots fired. >> multiple shots fired here, okay? everyone hold their fire. >> all units, do not return fire. >> person in the boat, come down the ladder of the boat. we have a person in the boat, a live party. there are holes in the boat. live party in the boat confirmed. >> we're able to successfully rip that off, he will be fully exposed, okay? >> we have movement in the boat.

>> he just sat up. he is clearly flailing about. quite a bit of movement. >> the suspect is this custody. martha: unbelievable. unbelievable. because at that point they didn't know if he was dead or alive. they were pretty sure they had their guy. but then he started to move and he sat up in the boat and we see pictures of him climbing out. that was a dramatic end to that manhunt on friday night. they noticed there was a person in that boat. picked up in the infrared. the thermal imaging, from the inside of the boat by the chopper that was lingering above. i remember griff jenkins at that point, few hours before there is helicopter keeps hovering over this one area. it ended up going back to that. you know, she said yesterday, i think, bill, at that point we all sort of felt like, maybe he got away, or maybe he is lying somewhere and we're not going to find him for quite some time. bill: got that feeling at 6:00 on friday night. that image is so, so clear. really incredible technology. the victim of an alleged

carjacking by the way is now talking and what he is saying might give us a glimpse of the motive here. now he was driving a mercedes suv, the owner of that suv. says he was forced to drive to watertown at gunpoint. claims the brothers told him quote, they were the boston marathon bombers and would not kill him because he was not american. well the victim escaped apparently. earlier we are told he was let go. but apparently he escaped at a nearby gas station and called 911. that is where police got hot on their trail at that point, martha. martha: investigators are looking into possible radicalization of these suspects trying to figure out how they got to this point. they're turning their attention overseas in this hunt. here is congressman michael mccaul, chairman of the house homeland security committee on this. listen. >> you can't understand this case until you understand where they came from is chechnya. the chechen rebels are some of the fiercest jihadist

warriors out there. they have a relationship and affiliation with al qaeda in pakistan, in afghanistan. martha: so the investigation is focusing on two areas primarily in russia. the muslim origin of chechnya and next store dagestan where family members lived over years. doug mckelway is live in washington. what are you hearing about questions of the younger tsnaraev now? >> reporter: the concern is how long can he be questioned before the public safety runs out, most say 48 hours. once under miranda he is under no obligation to cooperate with authorities. >> remember the number one goal right here is to get inside his head and get whatever intelligence he has with any operatives in the united states to protect the homeland and protect americans inside the united states. >> reporter: speaking this morning on fox news, former

u.s. attorney general alberto gonzales suggested being mirandized will not necessarily close off the flow of information from tsnaraev. >> we have something we can give him which is his life. for example, taking the death penalty off the i believe at that. there is possible some kind of deal would be made where he provides information and in exchange for that the government gives him some kind of a plea agreement. >> reporter: gonzalez suspects what may be happening now is in the obama administration is a quote, interagency scrum where some are pushing for a quick mirandizing. others may be advocating a delay so as much information as possible can be garnered, martha. martha: no doubt there is big discussion going on either way. the older brothers trip to chechnya in 2011 is getting a lot of attention. what can we learn about that, doug? >> reporter: we learned a bait of new information about that when the fbi tried to trace the elder tsnaraev's trip to russia and chechnya, the trail went

cold for the most mundane much reasons. listen up. >> he went over to russia butp a parently when he got on the aeroflot plane, they misspelled his name so it never went into the system that he actually went to russia. >> reporter: others suggested they got all the radical indock operation -- indoctrination around the block from their boston home. >> you can point to radical imams here and there they put on their facebook pages. you about the fact they lived a few blocks away from a very controversial radical mosque that has been the subject of contention and controversy for 10 years in boston. >> reporter: so all of this, martha, points out the importance of questioning the younger tsnaraev to the fullest extent possible. back to you. martha: they will try to do that to the best of their ability. doug, thank you. >> reporter: sure thing. bill: lawmakers on both sides are asking whether the fbi dropped the ball for not keeping tabs on the older brother tamerlan.

lawmakers in both parties asking whether or not the agency did enough in ligh appart beliefs. next hour we'll put some of those questions to one of the lawmakers who sent a letter to the fbi now deing answers. that is republican peter king in new york. he is our next guest in the next hour. martha. martha: runners observing a moment of silence at the start of their race. a twitter campaign encouraged runners to place their hands over their hearts at the finish line. a very nice gesture on their part in london. the race organizers pledging $5 for every finisher to the one fund boston which will go to help some of the victims of the attacks. 52 of whom are still in the hospital today, and many of them have been released. what a beautiful sight that was in london to see that successful marathon run. gorgeous day on sunday. bill: from london back to boston the governor there in massachusetts, deval patrick

srgs asking everyone to observe a moment of silence today. that will happen at 2:50 eastern time. that is the time first of two explosions at the boston marathon. so we will cover that live a bit later today too. 10 minutes past the hour. martha: a lot of good information coming up here. we're just getting started this morning. lawmakers are asking whether the fbi may have missed something two years ago. big questions whether or not the administration's posture on the war on terror may have led to that to any extent. we'll talk to john boehner about that live in studio next. bill: is this man a terrorist or just a common criminal? tough legal choices ahead now for prosecutors that could drastically change the course of the boston bombings in this case. >> we don't know, are there other conspirators out there? are there other explosives out there? where did they get the radicalization? are there mosques or imams we should look at? >> who dud his brother meet with in russia and chechnya.

. . ♪

♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operation. ♪ when emerson takes up the challenge, "it's never been done before" simply bemes consider it solved. emerson. ♪ martha: all right, fox news

alert now on a massive shootout near seattle. police responded to an emergency call at an apartment complex. they discovered two men on the ground in the parking lot there. when officers moved into assist one man reached for a gun. the officers opened fire. in all, according to all the reports we've seen so far on this five people were killed. no word on what the motive was in this situation. police of course are investigating. bill: right about 14 minutes past the hour now. i want to go back to the story in boston because apparently russia raised a red flag on the older brother, tam arlen. the fbi interviewed him and lawmakers are now saying that the fbi dropped the ball in this case. speaker john boehner with me here in studio. >> hello, bill. >> welcome back to new york city. always good to see you. thank you, good to be back

in new york as well. terrific work by the fbi and the police especially five days last week. that based on what we're learning right now did they drop the ball earlier on in this case, 2012 and 2011? >> i think it is way too early to make that determination. i talked to director mueller yesterday. they're pooling all of their information together and facts together because we've got members of congress and the american people interested in what the answers were. we'll get those answers soon enough. bill: mike rogers yesterday said the fbi was very prudent and very thorough and placed no blame on the agency, anything that happened over a year, two years, three years prior to that. do we know that to be the case? i don't know that to be the case at this point but the fbi will have their opportunity to lay all of this information out before the american people and then we can judge but let's go back. last week was a rough week for the american people. clearly a rough week for the people of boston.

and our law enforcement officials, both the local police, the state police, the fbi, the counter terrorism officials, i think did a marvelous job on behalf of our country. and as rough a week as it was for the people of boston and the american people watching this it was, was also clearly another american moment. reminded that terrorism is something that we're going to live with for a long, long time to come, and secondly when these events happened america pulls together and strengthens our country. bill: i think we saw that in action in boston and i would agree with you based on watching that first-hand. lindsey graham says we need to up our game. we're still at war. now there's the big debate on spending right now. is this the time that to cut homeland security spending or to go after that budget or what is your view on that? because you know for two years now you've been

talking about debt and deficit spending. and in this sense it all ties back together. >> well, what's driving our spending and driving our debt is the fact that there are 10,000 baby boomers like me retiring every day. 70,000 this week. 3.5 million this year. social security, medicare, there is no money there in those fund. it has all been spent. people are living longer, accessing medicaid. so the real drivers of the debt primarily are our big entitlement programs that won't survive in their current form unless we make some changes. so it has got, it really has nothing to do with what we call the discretionary spending pot. bill: understood. homeland security spending is not touched? >> we have the sequester because the president won't get serious about solving our big spending problem. he insisted on the sequester. they may have an impact but i don't believe that it's going to affect our counter terrorism activities or affect the ability to protect the american people. bill: what about the immigration debate?

there's a lot of talk right now this will sideline that movement in the house or senate or in congress in general. will it? >> well, it may for a couple of days until we understand, all right, what did our immigration system know and what didn't they know? what impact would have this have on it. but primarily i'm in the camp of, if we fix our immigration system it may actually help us understand who all is here, why they're here, and what legal status they have. bill: back to the defendant who apparently is recovering in a boston hospital. an american citizen, gained citizenship on september 11th of last year, 9/11, 2012. should he be an enemy combatant or should he be tried in the court system? >> well, i think the important issue here is to get as much information as we can from him. one of the things we learned over the last 15 years is that, we can learn a lot from the individuals, the

information they have, the, their computers, their cell phones. there's a treasure trove of information. and key here is be able to get to it. so whether you want to call him an enemy combatant or you want to use this public safety exception, the key is, getting the information. to protect the american people, to learn whether others were involved, to learn more about how he got involved. bill: to that end, are you okay with him not being read his miranda rights? >> i am. at this point i think it is perfectly fine. i don't think it matters under what exception. you can always mirandize this individual but, the important thing is to get the information now. bill: peter king is hot on the trail of at least five cases that he appears to talk about quite often where the fbi knew of a known terrorist and did not take action before they tried to carry out an act here at home. now we're going to talk to

him next hour and we're going to pick up this topic with him but when you think about the cases that he has chronicled, is he right on that? >> this is where i think the committees of congress, peter sits on the homeland security, you have the judiciary committee, you have the intelligence committee, all of which will play some role here in determining whether the fbi dropped the ball or didn't drop the ball. there is a fine line. if you're in america and you have a legal status you're protected by american rights. and so it is a fine line that they have to walk and we're going to have to make a determination how well they walk that line. bill: if there are other matters we'll talk about in a moment. i appreciate you sticking around. speaker boehner, more with the speaker in a moment. including lawmakers pushing harder for answers into the benghazi terror attack. what we can expect in the coming days on this topic, that will be breaking news, martha. martha: budget cuts and why your next flight may be a

little late, folks. as promised you're about to feel the heat of the sequester. we'll be right back from home repair to healthcare written by people just like you. no company can pay to be on angie's list, so you can trust what you're reading. angie's list is like having thousands of close neighbors where i can go ask for personal recommendations. that's the idea. before you have any work done, check angie's list. from roofers to plumbers to dentists and more, angie's list -- reviews you can trust. i love you, angie. sorry, honey.

>> inside the main residence the attackers come in here and ransack the place and then they go for the locked gate. they look inside. it's dark, they can't see anything. and then they try the lock. they can't open it up. inside, agent uben has a gun trained on them ready to shoot if need be. bill: that is greg palkot in benghazi. there is a renewed effort on the hill to create a special committee to investigate the terrorist attacks at our consulate in benghazi last year. house speaker john boehner has the sole authority to create that committee. he is back here with us in studio. thanks for the extended time with us today.

there is a report that came out this week on the house side. what will we learn from that report? >> we have five committees involved in the benghazi investigation. those five committees have come together and they will produce what i would describe as a progress report in terms of what we know and more importantly, what we don't know about the attack in benghazi, where we lost american lives. this is a progress report. and, we've got a lot more that we need to learn about this. i have been concerned about this since last september. i don't think that we've gotten to the bottom of what the state department know, when did they know it? why they didn't take action. and then, during the attack itself, why weren't assets brought in? why weren't, why wasn't our government doing more to protect the americans who were on the ground? bill: can you tell us whether or not the witnesses who were there, american citizens back here in the u.s. now are talking? >> i do believe that some of

our committees have talked to some of them. i think we'll see more of this in the progress report but we're going to see more in the way of hearings here. and, the reason i haven't called for a select committee yet, i don't think it has risen to that level. i think the five committees that have jurisdiction over this matter are working closely together. they're getting the job done. if at some point it's necessary to have the select committee and i will be happy to do it. bill: but right now you're not willing to do that. >> at this point i don't think that's the right call. bill: have you been advised benghazi was a front for moving arms out of libya toward the syrian rebels? >> i heard this rumor but i don't believe it had any impact on what happened at that consulate. bill: to this day you can not say that that was happening in benghazi? >> no, i don't believe, i said i heard the rumor but i don't believe that the rumor, whether it is true, not true, had any impact on what was happening in that consulate. bill: there is an energy

push as well, quickly in the minute we have left here, is keystone coming back? >> the keystone pipeline is critically important for our energy supply. america is about to enjoy, or north america, about to enjoy energy independence here in the next 7, 8, years. this will our country a great advantage when it comes to manufacturing more goods here in america and exporting them around the world. so we need to continue to build pipelines, to expand refineries and to expand the exploration of oil and gas in america. even from a safety standpoint the keystone pipeline would be a much safer way of delivering oil from the northern part of the u.s. and canada, to our refineries on the gulf coast, rather than these three or four 100 tank trains that leave that part of the country every day. bill: have you had a conversation with the president and has he indicated he is changing his view on keystone? >> we have not talked about

keystone anytime recently. you we did late last year. it is clearly in the president's corner. i think the state department laid the groundwork we can do this safely. we operate nearly 200,000 miles of pipeline in the united states today. we can operate this safely and frankly it would be much safer than loading all this crude on trains and shipping it down there. bill: we'll wait for more news on keystone and certainly more news this week on benghazi. mr. speaker, thank you for your time. >> welcome, bill. bill: john boehner here in new york. appreciate it. >> thank you. bill: martha, what's next? martha: there are serious new questions on the legal front in all of this, now that the surviving boston bomber suspect is reportedly awake and writing down answers to some of their questions. unbelievable. wouldn't you love to be inside the room as they continue to do that. how do prosecutors move forward on this? former attorney general john ashcroft joins us next. >> there is a public safety exemption in cases of national security and

criminal charges involving acts of terrorism and so the government has that opportunity right now, though i believe that the suspect is been taken to a hospital. ♪ [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless.

martha: there's some very difficult legal questions that now face federal authorities as they plan to file charges against the boston marathon bombing suspect. the fbi reportedly has begun questioning him in the hospital room. this is our high value interrogation group that is trying to get some

information out of young dzhokhar tsarnaev. they did not read him his miranda rights as we all well know by this point. that means nothing they learn from him in these interactions could be used against him in a criminal court but some lawmakers say that they don't believe that that will matter. >> not worried about whether he will be convicted. he will be convicted. i worry about intelligence that can save american lives. i believe that only can be done if he is treated as an enemy combatant and does not have access to a lawyer. martha: we're joined by former attorney general of the united states john ashcroft. he is ceo of the ashcroft group. good to have you here this morning. thanks for being here. >> delighted to be with you. martha: talk to me about what you just heard. peter king clearly feels as though there is no draw back to not having read this young man, who is an american citizen, his mir rand today rights. what do you think? >> well, the miranda warning, is to be given to

individuals but if it is not given to individuals it provides a basis for excluding from evidence in later trials anything that the individual provides by way of information. since there is so much very substantial proof of offenses against this individual, it is extremely likely that the person could be convicted on the basis of the video evidence that's available, on the basis of eyewitness testimony and physical evidence that's available in this case so that the exclusion of any evidence that he might provide is likely to be irrelevant, at least as it relates to state charges and it relates to federal charges. it's possible that a person could be charged for violations of state laws and federal laws and also laws of war which are ajudicated in military commissions. military commissions can ajudicate violations of state or federal laws. they ajudicate violations of

the law of war. martha: that would not apply here. there was some discussion about law of war when all of this begun began and the question of whether or not the administration perceives us to be involved in a war on terror and whether or not those rules apply. sort some of that out for us. what is your thinking about that? >> well the president makes a determination as to whether or not a person is a enemy combatant and then if the nation is in a situation that qualifies for law of war application, then a person could be apprehended as an enemy combatant and tried for violations of the law of war and adjudicated or tried in that setting in a military commission. we had early on in the war on terror, what was called the authorization to use military force, aumf, it is abbreviated as, and that has been held by our supreme court to have the effect of invoking the president's ability to operate as if we are at war.

so if the president were to conclude on the basis of information which i don't have, i'm not privy to, if he were to find out this incident was connected to the war on terror, it could be possible that the president could make a finding that this individual is an enemy combatant and then not only would the individual be subject to prosecution for state offenses and federal offenses but also offenses against the law of war because clearly there are law of war violations if indeed this is an enemy combatant in a wartime situation. no unform. an assault against an innocent civilian population, et cetera, those would be law of war violations. incidentally all law of war violations are potentially death penalty offenses. so it's very serious if there is a law of war violation. martha: i want to ask you about that because another former attorney general, gonzalez, was on earlier today and he talked about that. he said this is a very

complex case. both of you have approached this in your answers i must say in terms of the legality of it and how strong the cases and what's the different avenues for going forward are and it's been fascinating to listen to you both but he said this is a very complicated case. he said, one, i would hold open the possibility of a plea deal with this 19-year-old, assumed, you know, suspected terrorist i should say, of a plea deal that would help him to save his life, you know. to put the death penalty on the table if indeed he has more information about any other ongoing plots. what do you think about that? >> well, that's a determination that has to be made by individuals who are carefully considering the circumstances. now there is no debt penalty for offenses against the state laws of massachusetts but there are death penalty offenses i think that are argueable in this case including the carjacking and the outcome of the

carjacking which included him running over his brother. that might well provide for a federal death penalty as well as some other things that in terms of the terrorist activities. so there are lots of offenses here. literally it's possible that he could be prosecuted for a number of them. he could be tried and convicted in a state court for state offenses. theoretically he could be tried and convicted in a federal court for federal offenses. and there is nothing that would keep him from being tried and convicted as an enemy combatant by a military commission for offenses against the law of war. and --. martha: go ahead. >> you can sequence these things in ways that were designed to maximize the harvest of information that would help us prevent harm to america. and the policymakers should be very careful and i'm confident that they are, that they're very carefully deciding how do we best prevent additional harm to america and deploy the various resources of

prosecution, state, federal and military, in a way that maximizes the safety of the american people. martha: when you talk about state court though, none of what he would say before he's mirandized would be admissible in that state court. would you make the argument that perhaps he should be mirandized or are you too concerned clamming up and having an attorney on his side might prevent in terms of national security? >> well he can, he will have an attorney no matter what. and let me just make an observation. there may be a time when it would be in the interests of public safety and in the interests of national security for him to have an attorney. one of the things we've learned in various prosecutions like this is that sometimes the defendant doesn't understand the reality of what's happening and the threat of his losing his life or his ajudication and sometimes the attorney helps bring that reality into the situation and says, things like, you better

cooperate. >> yeah. >> your only hope is to cooperate. they have you on videotape committing crimes that are going to put you away regardless of anything you might say so there is little bit too much being made of the miranda situation here. martha: interesting and also the confession that he's believed to have made to the person whose car he took away. john ashcroft, thank you so much for being with us today. great stuff. very interesting. >> thank you. martha: thank you, sir. bill: there is a new player in the private space business supporting nasa. have a look at this blast-off here. >> ignition start. lift-off of the mission to mars at the -- facility. bill: that there is a new test vehicle operated by orbital sciences corporation, blasting off from a launch pad in virginia on sunday, wow, virginia. the apparently flawless 10 minute ascent will lead to

unmanned cargo flights to the international space station later this year. onward we go, huh? very interesting with ashcroft at the end there when he was talking about, you know, miranda rights, no mir rapped today rights. based on what we know right now, we believe to be an absolute pile of evidence that could go against this guy. martha: and having a lawyer and mirandizing him in some cases might make a lot of sense because the lawyer might lay out for the person here is what you're up against and talking might save your life which alberto gonzales mentioned the possibility of getting more information out of him. bill: 19 minutes before the hour. martha: we're getting new details now about a deadly avalanche that happened over the weekend. what police are saying about the victims and why they were in some of the worst conditions we've seen in a half century!. bill: a big question right now on the boston bombing matter, how to classify the surviving suspect. the one analyst says the boston bombings are more columbine, less 9/11.

really? a fair and balanced debate on that reaction next. >> i mean we're going to have to see what kind of foreign connections they have. whether travel to russia meant something. what i've seen thus far we have two kids in a closed radical circle. [ male announcer ] when you wear dentures you may not know

that your mouth is under attack, from food particles and bacteria. try fixodent. it helps create a food seal defense for a clean mouth and kills bacteria for fresh breath. ♪ fixodent, and forget it. bill: this caught our attention from sunday. former counterterror expert from the cia and the fbi talking about how to classify the boston bombing suspect now saying the threats posed by tsnaraev brothers are more like columbine attack in 1999 than an organized terror attack like 9/11, from "fox news sunday". >> what i peer people too quickly will categorize this as terrorism. this looks more like columbine than al qaeda. two kids who radicalize between themselves in closed circle and go out and commit murder. i would charge these guys

with murderer than terrorism. bill: kristen powers, "daily beast" columnist and fox news contributor. rich, how do you come down on that? >> i think that is incredibly foolhardy. on one level there are resonances with columbine. you have two confederates like columbine. the mayhem was more on columbine level than settle 11th level. columbine did not have any idealogical component. this was murder out of sheer hatred. these guys were motivated by radical islam and hatred of the united states. i don't know all the agonized media coverage we don't know their motive yet. we clearly know what their motive was. the rest is finding out details to fill out the story. bill: you call it foolish, kirsten, what do you call the comment? >> i wouldn't go so far to say it is clear about what their motive is. there is a lot of theorizing what the motive is and points in the direction of

radical islam if we believe what the reports said that the concerns the russian government had expressed to the fbi. if that ends up being right, it clearly was motivated by ideology, it is even possible that one of the brothers received some sort of training and it points in the direction of terrorism. i think the question is, how is this prosecuted? i think that's what that analyst was talking about and to me that comes down to whether they're classified as an enemy combatant or not because if they're just american citizens being prosecuted in the judicial system they should get miranda rights and should get all that. bill: rich, when you know he is an american citizen, how does that change the game now? >> well a couple of things. one, i think he should be treated as an enemy combatant if there is an al qaeda connection but there has to be one. if there isn't one, then you're in the criminal justice system and i think it is the right call to avoid mirandizing him as long as possible to get as much national security information and intelligence as you can but eventually you will just have to treat

him as a u.s. citizen in our criminal just sis system but he will and should be charged with federal terrorism charges, using a weapons of mass destruction which is broadly defind under the law, bombing a public place which seems like a no-brainer and perhaps an act of terrorism transcending national boundaries depending on how the trip to russia interacted. bill: if that is the way it goes then, kirsten what is this debate all about? seems like whether you take rich's argument or your argument you're getting to the same point? >> i think originally when the story broke, there was a question we knew they were muslim. we didn't know they were necessarily tied to radical islam which are two entirely different things. as more information comes out there is less of a debate frankly. if this was intend as a political or idealogical attack then that does put it into the terrorism category versus i think perhaps what this person was suggesting

is, two troubled kids to happen to be muslim. bill: do you agree with rich that is foolish statement to make here, kirsten, especially this early? >> i don't know how much information he had at the point he made that statement. i think that with the information that is coming out, like i said, if it's accurate it certainly points in the direction, and i would say, i wouldn't really compare it to columbine as much as maybe timothy mcveigh which was classified as a terrorist attack. bill: understood. >> domestic terrorist attack but a terrorist attack nonetheless. bill: thanks to both of you. it got our attention. we wanted to talk to you both about it. thanks for spending time with us today. thanks, rich and kirsten. see you soon. martha. martha: the nation starts getting back to normal will we see a ripple effect that will echo through president obama's second term as a result of this attack? will we see a new front in the war on terror? we're going to talk about that with brit hume coming up. bill: a little less spending on behalf of the u.s. government apparently

hitting u.s. airports. some big ones too. how long could you wait and what is holding this up? martha: best part of traveling going through that thing. love it. new honey bunches of oats greek yogurt and whole grain. here we go. honey cornflakes and chunks of greek yogurt. i'm tasting both the yogurt and the honey at the same time. i'm like digging this yogurt thing. i feel healthy. new honey bunches of oats greek.

mmaybe another headache will get in the way. maybe you'll have some friends over for dinner. maybe you'll have a migraine. if you have migraines with 15 or more headache days a month, you're living a maybe life. and you may have chronic migraine. but knowing this thing you're going through has a name means knowing you can find treatments that are right for you. go to mychronicmigraine.com to find a headache specialist. and don't live a maybe life. bill: they are honoring and remembering a fine young life. this mit police officer sean collier killed during the boston manhunt. there are hundreds of people lining the streets and holding flags and standing in respect during his funeral procession. he was only 26, shot to death as he sat in his police cruiser. his family releasing a statement thanking the people of boston for the outpouring of condolences for their lost son.

martha: all right. hear is a story now. we have new troubles for air travelers that could be starting today, folks. the faa beginning furloughs, forced days off for their employees, including 15,000 air traffic controllers. airports across the country are bracing for an hour-long debase in many cases. critics say this move they believe is political. let's find out what peter goelz thinks about, former director of the nts. about, the national transportation safety board. peter, thanks for being here. good to see you. >> good to see you. martha: we're told today could have some pretty big snarls at the nation's airport. what do you think? >> i think we'll see some slow-ups. the federal aviation administration is taking 60% of the cuts at dot. that is $647 million in cuts. people are going to be laid off and things are going to go slowly. martha: why do you think that is, that they're bearing such a brunt of

these budget cuts? >> at d.o.t. they have five modes, pipelines, trails, trucks, aviation. aviation is where the big programs are, the big money are and where the most employees are. not only air traffic controllers but air inspectors and the whole certification process of aircraft. it is a big agency. they take the big cut. martha: we heard from the president that this could would be painful. that people would feel the impact of the sequester really across the board. for the last couple months most people in many way unless they were directly affected feel like they haven't felt it. do you think in any way is designed to be political so people feel the pinch of it and the ramifications? >> people did want the cuts to be deep and painful. what you're looking at is, amounts to a 10% cut in people's work time, their salaries, in a five-month period. so you've got less overtime, you have less training, you

have less reserve controllers, less reserve tsa people. they're not going to be able to open up the extra line in security, and the air traffic controllers if things get busy, if you have got weather, there is going to be problems. fly early or fly late. martha: is this dangerous, peter? that makes me nervous to fly. should i be? >> no. i mean they have done it safely. we're going through the safest period in aviation history. the faa is not going to compromise safety but they are going to take their time and that's boeing to cause trouble, particularly if you're flying during busy times. martha: all right. peter goelz, we'll see how it works out. thank you so much, sir. good to see you. >> thanks, martha. bill: there is deadly flooding in six different states and concerns are growing that things are about to get a whole lot worse. the spring thaw is here for images like these. we'll take you there. martha: big question today on this. did the boston bombing

suspects slip through the cracks of our intelligence? we're learning what the fbi warned about in terms of radical views of the older brother. top lawmakers are asking, how could that happen? congressman peter king is one of them. he will be here coming up

martha: new reports that the suspect in the boston bombing is awake and is communicating to some extend with investigators according to these reports today. this is big news, obviously, as dzhokhar tsarnaev remains under heavy guard in the hospital since allegedly helping to execute the worst attack on american soil since 9/11. welcome to a brand-new hour of "america's newsroom." i'm martha maccallum. bill: i'm bill hemmer. nice to be back with you in new york. we are a week after the bombing that killed 3 and injured 160 others. 52 remain hospitalized, including one listed in critical

condition where the same hospital where the suspect is said to be recovering himself. molly line is live with more on that. what can we report about the state of this man now? >> reporter: suspect number two remaining here hospitalized at beth israel. dzhokhar tsarnaev the official word because the hospital asked the f.b.i. to give out the information is he remains in serious condition. we know from massachusetts authorities he is also in stable condition. this there have been reports out in the media, abc news is reporting this that he may be awake and possibly writing down some information or answering some questions from investigators. we know that investigators definitely want to ask him a lot of important questions, everything from where did funding possibly come from, and as far as these bombs are concerned and if anyone else may have been involved in the bombings haoerp at the marathon -- here at the marathon.

very other little information coming from the hospital which amazingly also has a number of folks that were injured in the bombings p11111 still 11 still remain hospitalized here. they are monitoring the situation here in boston. bill: thank you, molly. martha: an update on the victims molly was just talking about. three people were killed one week ago today and 183 people were injured, 20 of them have critical injuries. to date 52 victims remain in the hospital, three of them are in critical condition. bill: also the family of the bombing victim krystle campbell holding a private funeral for the 29-year-old today. a thousand people gathered for a public wake yesterday, some waiting hours in a line stretching for blocks to pay their respects to her young life. she would have turned 30 on the 3rd of may. she leaves behind her mother,

father, grandmother and older brother. martha: patrick shaun math rick o'malley leading the prayers for the victims of the explosion and looking ahead to the city's recovery. >> forgiveness does not mean that we do not realize the heinousness of the crime, but in our own hearts when we are unable to forgive we make ourselves a victim are our own hatred. martha: cardinal owe mall lee has been such a spiritual leader for the people of boston throughout the course of this yesterday was the first sunday religious service that had taken place since monday's attack. bill: they have so much respect for h in boston. there is new information on the transit officers wounded in the shootout with the two suspects. richard donahue remains heavily sedated but they are optimist bic about a full recovery from

him. here ised mcmillan on his status. >> he was doing his job. the subsequent events showed us how heroic and dedicated an officer he is. he engaged the terrorists in the most difficult of situations that none of us can begin to imagine. earlier this morning dick opened his eyes and was able to move his hands and feet, and most importantly, squeeze his wife's hand on command. we continue to be optimistic for his recovery. >> as a brother, a fellow officer and as an american i can't describe the pride i have how dick, other emergency personnel acted early friday morning. bill: there were reports that when he arrived at the hospital that he had lost almost all of his blood after being shot in the leg and bleeding in a manner that usually you do not survive, frankly. officer don donahue's brother

asking everyone to keep sean collier in your thoughts and prayers as rel well. martha: investigators continue their search for answers into the deadly marathon bombings new questions this morning about what this will mean for the administration overall. how washington is expected to reaccount a, what we might see as a result. joining me now fox news senior political analyst brit hume. good morning, good to see you. >> thank you, you too. martha: as the president looks at crafting the second term this is obviously a big event and it has raised a lot of questions about whether or not this administration has taken the war on terror at home seriously or whether they wanted to kind of push it aside and move onto other things. does this change any of that do you think? >> reporter: well i think it makes the hesitancy that the administration has man tested, and the president himself has manifested several times about calling something that looks for all the world like islamic terrorism, islamic terrorism.

we've seen that in several instances. he quickly called this terrorism but there is still a concern about seeming reluctance to link it to islamic fundamentalism and jihad. we haven't had the administration come out and say this was an attack born of jihad. we'll see what happens. i think this kind of thing makes that harg aoufplt and viewpoint a little harder to sustain and it may affect other matters as well. martha: the other matters may include immigration. this has prompted a lot of discussion about this. lindsey graham says now is the time to bring the 11 million immigrants out of the shadows and find out who they are. does this prompt action in that regard, brit? >> reporter: in the near time i think it probably stalls immigration legislation. but i think the immigration legislation, martha, was in trouble already for other reasons. it was always going to be a very tough sell in the house of representatives, so, you know, things have go got gotten

started in the senate where the gang of eight where marco rubio is acting as spokesman for them was taking the lead. and the issue that i think is in play here has to do with border enforcement. it's very difficult for proponents of legislation like this to overcome a successful attack on the bill as amnesty. and the border enforcement, which was supposed to be a trigger, in other words, border enforcement up to a certain high level was supposed to be achieved before the path to citizenship and other parts of this bill could take effect. the border enforcement provisions seem to be weaker than they were described. it may keep the bill from passing the senate and it certainly would never pass the house. he this work something out with the house version. i think the bill is seriously in trouble.

it's not dead, but this attack will to some extent stall progress on it further. martha: you listen to the sunday shows and you see the division over whether or not this is a change for our country, this attack. whether or not we are living in an environment that looks more like israel and great britain under the ira where these sort of things happen and we become used to them. that is not a reality that any of us want to accept in this country. i wonder if the administration -- which side of this they will fall on. i think we will see from eric holder what their take is really on this when it comes down to the way it's prosecuted. any guthrie action to whether or not this -- gut reaction to whether or not this signals a change. >> reporter: i think they will say to try this american citizen through the normal civil courts, civilian criminal courts, and that may have a harder sell. i'm not saying that is not what is going to happen, i'm not saying that is not what the

administration can do, but i think they need to make the case. remember at the height, martha, of the problems that the british had with terror attacks from the ira, they created a special set of courts named for a fabled british judge named lord diplock. they didn't use the formal process for certain signs of cases. rehave military tribunals to try suspects but this administration has been very much disinclined to go that route with other cases. we've tried a lot of cases successfully through our normal criminal justice system. but the argument -- this has certainly resumed the argument whether that is an adequate way ta to go and whether it 0 wouldn't be better to declare him a even knee combatant. you can try him in either place if you call him that. we'll have a serious debate over

that and it's already started. martha: it certainly has. thank you so much, see you later. >> reporter: thank you. bill: this is a fox extreme weather alert. this is another big story developing that could affect thousands, much of the midwest underwater after torrential rainfall and overflowing rivers closed transportation along the river routes. indiana has declared a state of emergency where floodwaters left two people dead after their cars were swept off the road. in missouri it was much the same, as well as residents waded through knee-deepwater and spent a lot of the weekend filling sandbags. unfortunately for many this was too late. >> we picked everything up and grabbed as much as we could. the water its coming out of of the walls, out of my basement windows. by the time we got up and ran to my other friend's house who is on maple right there it was already going up. >> my husband went over there to save his friends and he looked and everything is gone. everything.

it's just crazy. we are just homeless now. we lost everything. bill: wow meteorologist maria molina is watching this live in our extreme weather center. good morning. >> reporter: good morning, everyone. unfortunately many of the locations currently dealing with flooding out here across sections of the midwest could continue to deal with it through this weekend upcoming. you're talking about possibly six more days of these places enduring flooding conditions out here across parts of indiana, illinois and all the way down into sections of missouri and even memphis currently under some form of flood advisories out here. a number of flood warnings are in effect. the rivers out here are flowing at above flood stage and experiencing moderate to major flooding across the area. a number of flood warnings in effect and they could continue in place over the next several days. to make matters even worse we are actually tracking a brand-new storm system. the reason why we're dealing with river flooding out here is over the last several days or even weeks for some of you you've been dealing with storm

after storm producing areas of heavy rain out here. just last week 3 to 7 inches of rain were spread across the midwest. another storm system we talk about it being the month of may next week, more snow out here, some spots up to a foot of no. bill snow. bill: maria molina, thanks in our weather center. martha: another very big story this week that left 14 people dead, dozens of homes simply do not exist any more. folks now reaching a major nile stone in the effort to get things somehow back to normal in that town. bill: also agreeing controversy as top lawmakers demand answers from the fbi were warning signs from the boston marathon bombing suspects simply missed? peter king is our guest next. >> i have great regard for the fbi and director mueller. this is the latest in cases like

this. this case with the holder brother where the fbi is given information about someone as being potential terrorists, they look at them and they don't take action and they go out and carry out murders after this. i'm telling you right now, the girl back at home

would absolutely not have taken a zip line in the jungle. i'm really gd that girl stayed at home. vo: expedia helps 30 million travelers a month find what they're looking for. one traveler at a time. expedia. find yours. bikes and balloons, wholesome noodles on spoons. a kite, a breeze, a dunk of grilled cheese. catches and throws, and spaghettio's. that's what happy kids are made of. campbell's. it's amazing what soup can do. that's what happy kids are made of. an intense burning sensation i woke up with this horrible rash on my right side. like somebody had set it on fire. and the doctor said, cindie, you have shingles. he said, you had chickenpox when you were a little girl... i said, yes, i did.

i don't think anybody ever thinks they're going to get shingles. but it happened to me. for more of the inside story, visit shinglesinfo.com bill: martha: new questions this morning about u.s. counterterrorism efforts after the fbi failed to spot the security threat that was posed by one of the boston bombing suspects. the agency says that tamerlan tsarnaev was flagged two years ago by the russian government according to some of these reports. after a thorough investigation they mailed to find anything that would prove that he had extremist leanings. now there are members on the house committee of homeland security who want to know how that happened, because we don't want that to happen again, clearly this person did pose a threat to the country. so they say in a letter to top intel officials that these incidents, quote, raise the most serious concerns, questions about the ef tpa cassie of the

federal counterterrorism efforts. yet tsarnaev remained at liberty in this country conduct the boston attacks and took days to publicly dent time him as a suspect. that is a big question two after having been flagged a couple years ago. i'm joined by republican congressman peter king, member of the committee that wrote that letter. good morning, congressman, good to have you back. >> thank you martha. thank you very much. martha: what do you hope to gain from this? in terms of the last part of that, because he was on the radar, you know, why wasn't he perhaps picked up more quickly, or maybe he was and we just didn't learn of it until a little bit later? >> yeah, obviously there is a lot more that has to be learned here. the concern that i have and chairman mike mccall has, he and i cosigned the letter together is this information was made available by russian intelligence. whatever we think of the russians they have an excellent intelligence service. and the fbi when they investigated him in 2011 didn't

find anything. we are asking for all the information that was made available to them and what went on during that investigation. then subsequent to that he did go to russia for six months, which is an extended period of time and you would have thought that would have prompted the fbi to look back, to reopen this. then when he started posting youtube videos of anee radical eup eufpl iman, this is the fifth time i am aware of that someone has brought to the attention of the fbi, they investigate him, clear him and they go out and carry outer r*eus issues. martha: is this a matter of saying, you might want to coach an eye on this person? >> that raises the question too, how much cooperation is there on these cases between the fbi and the boston police, for instance? did the fbi advise the boston

police of the information they had got even from the russians? and the fbi overall does a great job, a phenomenal job last week. on this case and others i mentioned there seems to be a blind spot there. it's essential as we go forward, should they change their vetting? should they be more intense? should they continue to monster in i don't think you have to have probable cause to follow someone. we are not talking about getting a swrarpbt or breaking an entering. we are talking about just monitoring and following, staying, check being the website, go into the community, asking some more questions. did they talk to his awning he will in maryland? he said he was never spoken to by the fbi. martha: which is definitely raidin raising a lot of questions. you had hearings last year that were somewhat controversial. people said you shouldn't be doing this. looking into domestic radical islamist terrorism. if you're going to do that you have to include a lot of tiff rent groups under that

umbrella. when you look back at that and how the conversation has changed since boston, i want to play this sound byte from tom brokaw on "meet the press" and ask you if any of this makes you feel like people are finally paying attention to what you're saying. >> it was the death of osama bin laden, islamic rage tk did not go away. in some ways. you can't get intel on the lone operators. there is a lot we need to know about what motivated him obviously. he's a chechnya but their beef is in russia not with us. he's also a muslim and that proves that islamic rage is still out. martha: congressman king? >> if i had said it that strongly two years ago the u.s. times would call for me to be thrown out of congress. i agree with what tom bro saw case. islamist jihad is increasing.

al-qaida recruits people and loose uses people in our own country that are beneath the radar screen. there is no sign of it lessening. we can't rely on the fbi and cia to get national and international intelligence. since it's operating at the local level it's important that the police, like in new york where there are hundreds of police officers going into the community, monitoring and following and not be afraid of political correctness. that's where the threat is coming from. when they went out to the mafia they went to the italian neighbors. if you're going for the ku klux klan you don't look in harlem. if you're looking for islamist jihaddists you have to go into the muslim community, make whatever contacts you have, if it turns out certain mosques are being radical find out what is going on in the mosques. martha: thank you. we'll see you soon. bill: a tiny in texas known

as west was rocked by a huge explosion. what residents are being told about possibly returning to home based on wh is left there and what is being done to figure out how this happened.

bill: more residents in the town of west, texas now being allowed to go back to their homes, what is left of them, anyway after last week's deadly explosion at a fertilizer plant killed 14, injured more than 200 others there. our boston affiliate back live on the scene there with more today. how is the re-entry process going now for so many? >> reporter: good morning, bill. it's slow. two of three zones have been opened up by authorities here, so over the weekend folks started to go in to see what was left of their homes. the damage really ranges, you've

got broken windows and homes that were completely knocked off of their foundations. that zone three, the area closest to the plant it could be several more days about of that reopens. authorities say it's simply too dangerous. a priority today, utility crews, there is no running water, and electricity service is spotty for those residents who have been able to go insofar to assess the damage. some are living in their homes, others just can't, bill. bill: in the early hours of this disaster there, there were volunteer firefighters who were at the plant. what is being done to honor the fallen first responders there? -frplts well, bill, we are learning 12 of 14 killed were first responders. and this community is simply heartbroken over the loss. you have a volunteer fire department, they use men and women who sack ra nice everything, they -- sacrifice everything, they do it on their own in their free time. the community is planning to

honor them this thursday down the road at baylor university, a large memorial service will be held. we are expecting firefighters in from all over the country. they are working to organize flights and accommodations for all of those firefighters who will take part, and also law enforcement officers who also take part in that, and, bill, we've got 70 investigators here on the ground who are working to figure out exactly what started that fire last wednesday that led up to the explosion. bill: they have lived through a week they will never nor get. thank you h. fox austin on scene there in west. martha. martha: it took approximately 24 hours for the president to declare the boston bombings as an act of terror. this is raising questions once again about whether or not the white house is wary of using that term. we are going to talk about that in a panel coming up. bill: also there are thousands of people seen running for their lives out after a scare at a massive festival. we've tell you what they gathered for there and what

happened, moments away. so...how'd it go? well, dad, i spent my childhood living with monks learning the art of dealmaking. you've mastered monkey-style kung fu? no. priceline is different now. you don't even have to bid. master hahn taught you all that? oh, and he says to say (translated from cantonese) "you still owe him five bucks." your accent needs a little work. when ouwe got a subaru.s born, it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) designed for your most precious cargo. (girl) what? (announcer) the all-new subaru forester. (announcer) designed for your most precious cargo. love.

it's what makes a subaru, a subaru.

bill: >> that's why we take care not to rush to judgment, not about the motivations of these individuals, certainly not about entire groups of people. bill: that was from friday night at the white house. how is the administration handlings the boston bombings now, how are they reacting to it? some of the administration in the early hours of this suggesting there was no connection to a larger organization.

that may or may not be the case. but we do not know that yet. there has been some caution in the case of the times square bombing, even benghazi of last september. steven hayes h and kt mcfarland both with me now to talk about this. good morning to you. steve i'll talk to you. you wrote a very eloquent piece about this. how do you see the response? is it good, accurate, measured, too cautious? >> it's early. i do don't have any problem with the president of the ooh night offed states saying we shouldn't rush to judgment. of course we shouldn't rush toment judge. after the the sa*eufpl tao eufpl he needs to mak -- same time he needs to make sure that his team doesn't avoid coming to conclusions that are presenting themselves to us. i think just as you suggested we've seen that in the mast. we saw that first with the christmas day bomber back in 2009 where we had evidence very early that he had been involved

with al-qaida in the arabian peninsula and the administration suggested that he was instead an isolated extremist. we saw it in times square. we saw it with benghazi. we can't afford to repeat those kind of mistakes. we need to be open to everything and anything, and the investigation is at its early stages, we should be looking at everything right now. bill: kt you're a little tpropbger in your language today. you say the ad administration has been watching thaopl harry potter movies. what is up with that. >> they would never name the evil lord voldemar. they thought if they named him they would give him power, he was after world domination and wanted to kill them all. by not calling them gee ha*dists, islamist extremists, what have you done? you've in effect given them power. you're not looking for them. if you don't name it and think it exists you'll never find it when this fact we now she with the boston bombings that terrorism is homegrown.

this is a new chapter in terrorism, americans who have been radicalized either over the internet or through their groups and they are now killing american innocents. once they've crossed that threshold that it's okay to kill women and children and maybe myself it will be become easy and cheap and you'll see it more frequently. bill: the president did use terrorists friday night. he said we'll investigate any a soerb kwraeurgs -g association that the terrorists may have had. >> they won't talk about terrorism whe with benghazi. if you don't admit that it's over you won't find it and see it. when the older brother went to the fbi and he was interrogated. why did they let him go? maybe it was an innocent mistake and there wasn't a problem there. we were warned by the russian

intelligence service, watch out for this guy and he slipped through their fingers. will there be more and more of this because we refuse to look for it. bill: stephen you reach a different conclusion. when the president used this phrase, we'll investigate any associations these terrorists may have had you believe it was a good start. did you hear that throughout the entire week last week or was it just friday night that this came around? >> i think it was just friday night. one of the reasons that i wrote my piece was there was a vote from a u.s. intelligence official in an article in the "newsweek" or daily breast when this official said we've all but ruled out any connections to international terror, or any idea that al-qaida central or an affiliate may have directed this or been involved. that is precisely what we need to warn against. we cannot be ruling out things. at that time this was before we had even known much about these two brothers. of course now it comes to our attention that the fbi had been warned by the russians that

tamerlan tsarnaev might well have connections to international terror. they said he was going to travel overseas and potentially meet where unspecified groups. what happened? we shouldn't be ruling out things at the beginning stages of the investigation. bill: i think a lot of you would agree with you on that point. on the miranda rights point, kt this is what speaker boehner told us last hour now. bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we could have seen coming if we had questioned the guy. just think of the conversation if there was a second attack

that we could have prevented because we let the guy clam up. bill: this particular decision was broadened two years and and changed by executive order. that is something the president put in action in case you would have an event like this. that you could possibly have active, ongoing terror attacks or threats of terror attacks that could endanger the safety of the public. >> that's why i think he's done the right thing by not giving him the ability to be quiet. we need to get information out of this man, what does he know, who does he know, how big is this net? bill, use common-sense, it's not as if these guys went to the internet, went to a couple of jihaddist websites, decided, yikes, gets low to home depot and build a bomb and they where are able to pull off what they pulled off. there are more treads to this than two radicalized young men. bill: unfortunately they were enormously successful too. thank you to both of you. we'll catch you later. martha: new information now in

colorado's deadliest avalanche in more than 50 years. police now saying today that five people were killed near denver, all experienced snowboarders and skiers. the group was taking part in an event that promoted back country safety and gear. police say one man was able to escape the massive slide. >> apparently one of them was able to kind of bail off to the side a little bit. he was partially buried, was able to dig himself out and get out to the road and call for help. we have to put rescuers out there and put them in harm's way because somebody was out having a good time. martha: saturday's accident brings the state's avalanche death toll to 11 for the current season following a separate no boarding fatality that happened thursday on the veil paths. bill on the vail paths. bill: sometimes it's one or two this is a whole group of people.

as the investigation in months ton goes deeper by the day there are new concerns that the lines are blurring between u.s. and foreign terror plots. why one expert argues that more americans are becoming radicalized. now why would that be? martha: and just days after those bombings chaos erupted at a colorado festival. we'll tell you what sent these people runninger fo running for their lives right after this break. with angie's list, i save time, money, and i avoid frustration.

you'll find reviews on home repair to healthcare written by people just like you. you want to be sure the money you're about to spend is money well spent. angie's list -- reviews you can trust. by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do.

bill: in medford, massachusetts slightly northwest of boston the funeral for this young lady is about to get underway. that's 29-year-old krystle campbell. and the cardinal owe mall lee just walked in a moment ago. there are police officers lined up outside. we are told there are about a thousand people that turned out last night for her wake. it's quite an image too. if you go to the aerial picture you can see right here the people lined up to honor her life and her memory, age 29.

far too young, krystle campbell. martha: the boston bombings have raised concerns that the lines are blurring between u.s. and foreign terror plots. this as investigators look into whether tamerlan tsarnaev may have been trained overseas last year in chechnya. it's something that experts say is happening more and more. you've got 60 plots at least that they know of that have involved home-grown terrorists since 9/11. fortunately most of them have been thwarted but not this time. we were not so lucky. i am joined by a former special assistance to the president for homeland security and associate vice president at george washington university and director of the homeland security policy institute. frank, well cox. good to have you here. >> thank you, martha, thanks. martha: you've seen a lot in your career. what does your gut tell you about whether or not they were part of anything larger or whether or not they had anything else planned. >> you know the threat today comes in various shapes, sizes

and forms ranging from al-qaida senior leadership to its affiliates and franchises to those that are inspired by al-qaida and its ideology. what we are seeing now is a bit of a hybrid of both. obviously if you have someone who has received training overseas, they are a much greater threat because they are going to have enhanced trade craft, know how to conceal their motions and movements and they are going to have familiarity both with the targets and with the adversary's objectives. we call these foreign fighters and we did a report in 2010 that actually looked a at a number of americans who traveled for jihadi conflict jones, some which were turned around, such as the times square bomber. it's hard to say it's one thing or all of the above. we've had successes going off the leadership we have to continue doing this but we have to push back on the ideology. martha: what do you think, beared on what you've learned so

far? do you believe he was trained overseas or this is something that could have happened around the corner, perhaps even affiliated with this mosque that's been on the radar for a longtime? >> i any he possibly did receive some training overseas. whao*eufl the trade craft could have been learned from inspire magazine, it literally comes out of the pages, how to build a bomb in your mother's kitchen. it's one thing to read it and it's another to be able to do it successfully. he just seemed cool, calm and collected, so i'm not sure. martha: what about this 19-year-old in the hospital? we know our interrogators want to get whatever they can out of him. what about this process? where do you think it is right now? you know, in one report he was roused to try to get information out of him. how does that work? >> well, first order of business we have to insure there is not a broader imminent threat to public safety. first and foremost we have to see if this is part of a broader plot, who are his own associates. just last month, for example,

most people aren't aware that a number of chechens were arrested in france as part of a broader spain that was rolled up in spain last summer. we want to make sure that there is not a more significant plot against usz. us. and we need to who who are the the associates, foreign, domestic, marry those up and go where it takes us. martha: he was very active on twitter and social media this younger brother. do you think that the younger brother knew -- had these associates or do you think some of that knowledge died with his older brother? >> you know, i think right now there is a lot of unknown. but clearly when you look at the activity the older brother was engaged in, this is -- there are a lot of telltale indicators here. i mean he was engaged in jihadi websites, espousing some of their views. time will tell. when you talk about why the fata region in pakistan and

afghanistan, why yemen, why somalia, why the maghreb. these are under governed spaces. the internet his also under governed. we need to push back and exproceedings the hipocraze of jihaddist eye dealgae. martha: you can't help but feel that heights both foreign and domestic h-pb this is a ne and this is a new chapter in these stories. there is also the very possibility that there are inspiration for other people who are functioning in a similar vane i vein in this country, right? >> absolutely, that is a big concern. martha: thank you very much, frank. >> thank you. bill: a few minutes from "happening now," 12 minutes away. jon scott what you cooking up today? johnston good morning, one week after the boston marathon bombing the funeral for one of the victims of the terror attack

begins. we have the latest developments, including the latest on the surviving suspects. that hospitalized teenager still alive, obviously, maybe sharing information. we have the angles covered, plus fox news watch takes a look at the job the media has done so far covering that awful story. we'll see knew a few minutes. bill: see you have at the top of the hour, thank you, jon. a group of senators unveiling a new plan for u.s. immigration reform. how does it stack up against previous attempts and does it stand a chance right now of passing? ♪

[ male announcer ] just when you thought you had experienced performance a new ride comes along and changes everything. the 2013 lexus gs. this is the pursuit of perfection. the 2013 lexus gs. i'my body doesn't work the way it used to. past mprime? i'm a victim of a slowing metabolism? i don't think so. new great grains protein blend. protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. new great grains protein blend.

martha: the left hand side of your screen you can see the lines that are stretching once again up that street in medford, massachusetts. this is the aerial shot of the funeral for 29-year-old krystle campbell, who a week ago today just wanted to go watch a friend

finish at the boston marathon. she lost her life that day at 29 years old. today there are so many people gathered at her services, including cardinal owe mall lee who has been such a spiritual center for the people of boston throughout then tire experience. but huge tribute to her lined up on the streets of medford, massachusetts this morning, north of boston. bill: okay, then the gang of eight releasing its long-awaited eupawait awaited immigration reform. a math to citizenship for those in the u.s. before december 31st 2011. requiring the 90% effectiveness rate along the u.s. border. and a merit-based visa system. how does this compare to the last time we tried to pass immigration reform? what are the chances of it passing this time. william la jeunesse live in our newsroom with more. >> the odds are better. the crim time is not at toxic.

bill has broader support. like six years ago it represents a delicate balance that could easily unravel. >> we have to have a comprehensive measure if we are going to securing the borders. >> reporter: 2007 late senator ted kennedy led the fight to reform immigration joined by republicans george w. bush and john mccain. [chanting] >> big rallies dominated headlines while the national guard joined so-called vigilante groups like the minute men on the border. today's atmosphere is radical lee different shaped by a more secure border, more subdued republican party and a slower economy. >> this is not such a simple issue. it's not an issue of 3wu8ding the wallbuilding a wall, kicking people out. this affects our economy, our schools. >> they had to return to their

home country before applying for a green card, not so today. the previous bill required operate rational control of the border before legalization. now the border patrol must only meet security benchmarks over five years. >> previously 200,000 guest workers coul could stay for two years before going home. the new bill gives 575,000 low skill workers, their spouse and children a six-year visa and a path to citizenship. they were required to use a database to verify status. the new bill gives them up to five more years to comply. >> i don't think the controversy has gone away. of it is simply at a low simmer. it can come to a boil when the illegals come back and the problems return. >> this new bill moves to a more skill-based immigration policy expanding legal immigration. democrats to have accept a longer wait up to 13 years, more border enforcement, national guard and fencing.

it all represents a tough compromise bill for lawmakers. this is 886 pages, bill you can't swallow it whole you have to take it in bites. bill: william la jeunesse live in l.a. martha: federal prosecutors could charge dzhokhar tsarnaev as early as today. what he could be charged with and whether he could faiths the death penaltcould face the death penalty in this case as we are learning new details about how the police handled this incredible investigation. >> when i got to the scene i had a sense for what was happening. i also knew that videotape of surveillance tape was going to solve the case for us. within 15 minutes of that bombing we had teams pulling those tapes, and worked with the fbi and their technical people. that's what put the case together.

can your hearing aid do this? lyric can. lyric can. lyric can. lyric by phonak is the world's only 24/7, 100% invisible hearing devic it's tiny.

but that might be the least revolutionary thing about lyric. lyric can be worn 24/7 for up to four months, without battery changes. call 1-800-411-7040 for a risk-free trial. cookie: there's absolutely no way anyone can see it even if they get right up to my ear. michael: wake up, go to sleep...showering, running, all your activities. lyric can also give you exceptionally clear, natural sound in quiet and noisy environments because of how it works with your ear's own anatomy. can your hearing aid do all this? lyric can. to learn more about lyric's advanced technology, call 1-800-411-7040 or visit trylyric.com . .. get the hearing aid that can. lyric from phonak. lyric can.

martha: police are asking for the public's help finding a gunman who opened fire at a crowded festival in denver and that as you might imagine sent thousands

of people just running for their lives. they were terrified. [gunfire] [shouting] martha: see them start to go in the back of the shot. here is one of the men police are looking now. here is the guy they have their eye on. people were hurt in the shooting at the 420 pot rally. several minor injuries happened as a result of the stampede. denver police department is calling for the public's help to find those responsible. here they are. >> the investigation is moving forward. we're having some successes but we need more. there is good information out there. that will help us get to them. that is what we'll do. martha: there are more scenes. saturday's festival was the first pot rally in the state since colorado legalized marijuana. all festival-related events were canceled for the remainder of the weekend. there is that at the pot rally. i can't believe things